M SHANMUGA MUDALIAR Vs. SSUBBARAYA MUDALIAR

JUDGEMENT

(1.) In each of these petitions the issue of a writ of certiorari is prayed for in order to quash an order of the Election Commissioner of Vellore, dated 19 August, 1932, in O.Ps. Nos. 34 and 35 of 1931. The Election Commissioner is in his ordinary official capacity the Subordinate Judge of Vellore. As Election Commissioner he is persona designata. For the purposes of this order the petitioner and respondent No. 1 in C. M. P. No. 4040 will be styled respectively the 1 petitioner and the 1 respondent. The petitioner and the 1 respondent in the other petition will be styted respectively the 2nd petitioner and the 2nd respondent. The 2nd respondent in both the petitions is the, Election Commissioner, who is only a party pro forma.

(2.) On the 8 October, 1931, an election was held for Ward No. 14 of the Tiruvannamalai Municipal Council. The result declared next day was as follows:

(3.) There were two other candidates who got 4 and 5 votes respectively. With these we are not concerned. The two respondents filed respectively O.Ps. Nos. 34 and 35 of 1931 before the Election Commissioner. In O.P. No. 34 it was prayed that the election of the two petitioners might be declared void and that the 1 respondent might be declared duly elected. In O.P. No. 35, the 2nd respondent asked for a similar relief for himself on similar grounds. The Election Commissioner has passed one judgment on both the petitions before him and has declared the election of both the petitioners void and at the same time has declared the two respondents to be duly elected. The 2nd respondent like the 2nd petitioner is a woman, and her election is for a reserved seat.